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Bulawayo High Court
Danisile Sibanda v Sheriff of the High Court & 4 Ors
HB 22/22
Case Details
Court
Bulawayo High Court
Date
27 January 2022
Citation
HB 22/22
Neutral Citation
[2022] ZWHB 22
Outcome
unknown
Case Type
Application
Bench
Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Property LawCivil Procedure
Keywords
sale in executionnull and voidtransferres judicatafunctus officio
Tags
sale in executionsetting asideres judicatafinality of litigation
legislation
Statutes Cited
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Rules, 1971
- High Court Rules, 1971
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether the current application is res judicata having regard to previous applications","issue_type":"procedural","dispositive":"yes","related_facts":"Previous application HC 1801/18 dismissed, rescission application HC 2391/19 dismissed, same parties seeking same relief"}
- {"issue_text":"Whether the 2nd respondent's opposing affidavit is valid where deponent is property manager","issue_type":"procedural","dispositive":"no","related_facts":"Deponent is partner at Knight Frank, managing agents of 2nd respondent's property"}
- {"issue_text":"Whether respondents' papers comply with Order 32 rule 227 requirements","issue_type":"procedural","dispositive":"no","related_facts":"Papers not paginated, indexed and numbered"}
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background
Facts of the Case
Background
The applicant sought to set aside a sale in execution of her property that had been sold to recover rental arrears owed to the 2nd respondent. After multiple previous applications challenging the sale were dismissed, she brought this fresh application seeking the same relief on common law grounds.
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